Do I Have To Go To Court After a Car Accident?

Florida has a no-fault insurance system. Under this system, compensation for most minor injuries gets resolved between you and your auto insurer. But when you suffer a significant, permanent injury or your losses exceed your policy limits in West Palm Beach, FL, you can pursue a car accident claim against the at-fault driver.

Many clients wonder, “Do I have to go to court after a car accident?” When the law entitles you to compensation, an injury lawyer from  Hollander Law Firm Accident Injury Lawyers will work hard to resolve your case quickly and fairly through an insurance settlement. Your lawyer only needs to file a lawsuit if the insurance company refuses to make a fair offer.

Call our West Palm Beach car accident lawyers at (561) 556-7873 today for a free consultation. We’ll address your inquiries and demonstrate how we can assist you.

How Hollander Law Firm Accident Injury Lawyers Can Help After You’ve Been Hurt in a Car Accident in West Palm Beach, FL

How Hollander Law Firm Accident Injury Lawyers Can Help After You’ve Been Hurt in a Car Accident in West Palm Beach, FL

Hollander Law Firm Accident Injury Lawyers has been helping West Palm Beach, Florida, accident victims since 1996.

Our founding attorney has recovered tens of millions of dollars in injury compensation for our clients.

After an accident, our West Palm Beach car accident lawyer provides:

  • A legal analysis of your case so you understand your options for proceeding
  • Advocacy with insurers to try to settle your case quickly and fairly
  • Over 28 years of courtroom experience if the insurer refuses to settle

You can incur significant damages from car accident injuries, including medical costs and income losses. Contact Hollander Law Firm Accident Injury Lawyers for a free consultation to discuss your injuries and your options for pursuing compensation.

How Many Car Accidents Happen In Florida?

According to the Florida Crash Dashboard, the state had 396,492 traffic crashes in 2022. This number included 10,160 pedestrian accidents and 7,236 bicycle accidents. Once you subtract these collisions from the total, you have 379,096 car accidents in Florida that year.

According to the National Safety Council, about 21% of car accidents are single-vehicle crashes. Applying this number to Florida’s 2022 total, you get 79,610 single-vehicle crashes and 261,576 multi-vehicle crashes.

These calculations still do not tell you how many injury claims get filed. Under Florida’s no-fault system, only some crash victims can pursue injury claims, including those who suffer from:

  • Fatal injuries
  • Significant and permanent scars or other disfigurement
  • Significant and permanent loss of an important bodily function
  • Permanent injury

These categories do not correspond to any injury classifications used in Florida’s crash statistics reports. But based on the sheer number of multi-vehicle collisions in Florida, you can assume that tens of thousands of crash victims are eligible to file injury claims each year.

How Does the Injury Claim Process Work in Florida?

The first step in every injury claim is to determine whether your case falls under your no-fault car insurance policy. If it does, you will work with your insurer to try to get a fair injury settlement.

Insurers can deny no-fault claims if they believe:

  • Your crash did not happen
  • Your injuries were not caused by your crash
  • You received unnecessary or unreasonably expensive treatment

No-fault insurers cannot deny claims based on who caused the crash. “No-fault” means that the insurer must pay regardless of who caused the crash.

Fault-Based Claims

If you qualify for one of the no-fault exemptions, you can seek injury compensation from the driver who caused your crash. Unfortunately, Florida law does not require drivers to purchase liability insurance. This can make it more difficult to pursue compensation, making it critical to reach out to an attorney for legal advice.

A liability insurance policy pays third parties injured in crashes caused by the policyholder. In other words, your liability insurance does not pay you after a crash. Instead, it pays anyone you injure.

To file a liability claim (assuming the at-fault driver carries this type of insurance), you will describe your crash and submit it to the other driver’s insurance company. You will include evidence, like your crash report, medical records, and payroll records, to prove:

  • The policyholder caused the crash through negligence
  • Your injuries were caused by the crash
  • You incurred losses as a result of your injuries

If the other driver’s insurer accepts your claim, you and your injury lawyer will negotiate a fair settlement amount, and you will avoid going to court. This happens often.

Car Accident Lawsuits

Your lawyer can file a car accident lawsuit when the insurer refuses to settle your claim or if the other driver does not have liability insurance. In almost every case, even when the driver does carry this coverage, the insurer will make a lowball settlement offer. If they fail to improve their offer, you may need to sue the at-fault driver.

Even if you file a lawsuit, you will probably not need to go to court. According to a U.S. Justice Department study, only 3% of personal injury cases reach trial. Instead, your lawyer will probably negotiate a fair settlement with the opposing party, avoiding the need to go to court.

Ultimately, understanding your legal options after a car accident in Florida can be complex. Hiring a skilled attorney is the best way to know that you’re taking the steps that are in your best interest.

Schedule a Free Consultation With Our West Palm Beach Car Accident Lawyer

A car accident settlement might provide your clearest opportunity to get the compensation you need and deserve for your injuries. Contact Hollander Law Firm Accident Injury Lawyers for a free consultation to discuss your accident and how we can pursue compensation for your injuries.